Giano v. Duncan
Opinion of the Court
Petitioner was found guilty of violating the prison disciplinary rule prohibiting violation of urinalysis testing procedures after he admittedly refused to obey a direct order to provide a urine sample for testing. Following an unsuccessful administrative appeal, petitioner commenced the instant proceeding pursuant to CPLR article 78 contending that he was deprived of a fair hearing. Supreme Court dismissed petitioner’s application, prompting this appeal.
We affirm. Contrary to petitioner’s assertion, he was not denied the right to present a defense. The case law makes clear that a hearing officer may deny an inmate’s request to provide testimonial or documentary evidence where, as here, such evidence is irrelevant to the charge at hand (see Matter of Burse v Goord, 274 AD2d 678, 679). As petitioner admittedly
Cardona, P.J., Crew III, Carpinello, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.